In leases of residential and roofed business premises, tenants enjoy strong legal protection. A landlord can only have a tenant evicted on one of the grounds listed in the law, and often only by observing short deadlines. Missing these deadlines may mean losing the right to evict for that lease period.
In this article, we look at the main grounds for eviction and the deadlines attached to them. For other matters relating to tenancy, title deeds and condominium ownership, see our real estate law page.
Is the expiry of the contract term a ground for eviction?
No. In leases of residential and roofed business premises, unless the tenant gives notice at least fifteen days before the end of a fixed-term contract, the contract is extended for one year on the same terms. The landlord, on the other hand, cannot terminate the contract on the ground that the contract term has expired (Turkish Code of Obligations, Art. 347).
What happens when the ten-year extension period ends?
Once the ten-year extension period has ended, the landlord may terminate the contract without stating any reason, provided that notice is given at least three months before the end of each extension year following that period (TBK Art. 347).
For example, in a five-year contract, the ten-year extension period starts to run from the end of the contract term. It is important that the notice is given in writing and that it can be proven to have been served in time.
Eviction due to the landlord’s need
The landlord may request eviction if the landlord, their spouse, descendants, ascendants or other persons they are legally obliged to support need to use the leased property as a residence or business premises (TBK Art. 350). The need must be genuine, sincere and compelling.
The lawsuit must be filed within one month from the end of the contract term for fixed-term contracts or, for indefinite-term contracts, from the date determined in compliance with the termination periods and notice periods.
A property vacated on grounds of need cannot be let to anyone other than the former tenant for three years without a justified reason (TBK Art. 355). A landlord who breaches this rule is liable to pay compensation to the former tenant.
Eviction due to the new owner’s need
A new owner who acquires the leased property later may also request eviction on grounds of need. To do so, the new owner must notify the tenant in writing within one month of the acquisition and file the lawsuit after six months (TBK Art. 351).
Eviction based on a written undertaking to vacate
If, after the leased property was handed over, the tenant undertook in writing to vacate it on a specific date and has not done so, the landlord may request eviction by applying to the enforcement office or filing a lawsuit within one month of the undertaken date (TBK Art. 352).
The most common problem in practice is having the undertaking signed at the same time as the lease agreement. For validity, it is important that the undertaking was given after the property was handed over.
Eviction due to two justified notices
If, within one lease year, the tenant has given cause for two justified notices to be served in writing for non-payment of rent, the landlord may file an eviction lawsuit (TBK Art. 352). The lawsuit must be filed within one month from the end of the lease term or, for leases longer than one year, from the end of the lease year in which the notices were served.
Non-payment of rent (default)
If the tenant does not pay the rent, the landlord gives the tenant a written deadline for payment and states that the contract will be terminated if payment is not made within that period. For residential and roofed business premises, this period is at least thirty days (TBK Art. 315). Eviction due to default can also be requested through enforcement proceedings.
Grounds and deadlines for eviction at a glance
| Ground for eviction | Deadline | Route | Legal basis |
|---|---|---|---|
| Written undertaking to vacate | 1 month from the undertaken date | Enforcement or lawsuit | TBK Art. 352 |
| Two justified notices | 1 month from the end of the lease year | Lawsuit | TBK Art. 352 |
| Landlord’s need | 1 month from the end of the contract term | Lawsuit | TBK Art. 350 |
| New owner’s need | Notice within 1 month, lawsuit after 6 months | Lawsuit | TBK Art. 351 |
| Ten-year extension period | Notice at least 3 months before the end of the extension year | Notice, lawsuit if necessary | TBK Art. 347 |
| Non-payment of rent | Payment period of at least 30 days | Enforcement or lawsuit | TBK Art. 315 |
If the deadlines in the table are missed, the relevant ground for eviction may not be available for that lease period. For this reason, the deadlines should be entered into a calendar as soon as the contract is signed.
Which court hears eviction lawsuits?
Lawsuits for the eviction of leased property are heard by the civil court of peace. As a rule, the lawsuit can be filed at the court of the defendant tenant’s place of residence or at the court of the place where the property is located, which is where the contract is to be performed. For a residence or business premises in Ankara, an eviction lawsuit can be filed at the Ankara civil courts of peace.
Before the lawsuit is filed, the mandatory mediation stage must have been completed; the final mediation report is attached to the statement of claim.
How does eviction through enforcement work?
In some cases, eviction can also be requested through the enforcement office without filing a lawsuit:
- Non-payment of rent: The landlord initiates enforcement proceedings for the unpaid rent, and the payment order gives the tenant a deadline to pay. If no payment is made and no objection is filed within that period, eviction can be requested from the enforcement court.
- Written undertaking to vacate: Based on a valid written undertaking to vacate, the landlord can ask the enforcement office to send an eviction order. If the tenant objects, the dispute is examined by the enforcement court.
Deadlines must also be observed in eviction through enforcement; proceedings based on an undertaking to vacate must be initiated within one month of the undertaken date.
What are your rights as a tenant?
A tenant facing an eviction request should first check whether the ground relied on is one of those listed in the law and whether the deadlines have been observed. The expiry of the contract term alone is not a ground for eviction.
The main defences that can be raised in the lawsuit are that the claimed need is not genuine and sincere, that the undertaking to vacate was signed at the same time as the lease agreement, or that the notices were not justified. A tenant evicted on grounds of need may claim compensation if the property is let to someone else within three years.
Is objecting to a rent increase a ground for eviction?
No. A tenant’s refusal to accept a rent increase is not, on its own, a ground for eviction. In leases of residential and roofed business premises, the increase cannot exceed the rate of change in the twelve-month average of the consumer price index for the previous lease year (TBK Art. 344).
If the parties cannot agree on the increase, the landlord may file a lawsuit for determination of the rent. In tenancies lasting more than five years, the judge sets the new rent by taking comparable rents and fairness into account. For rent determination and other tenancy disputes, see our real estate lawyer in Ankara page.
Which documents are needed to prepare for an eviction lawsuit?
In an eviction dispute, the landlord or tenant should gather the following documents:
- The lease agreement and any annexes
- Notices sent through a notary public and proof of their service
- Bank records showing rent payments
- The undertaking to vacate and documents showing the date the property was handed over
- The title deed record and, where a new owner is involved, documents showing the date of acquisition
- In a claim based on need, documents showing that the need is genuine and sincere
Is mediation mandatory for eviction?
Since 1 September 2023, applying to a mediator before filing a lawsuit has been mandatory in disputes arising from tenancy relationships. Peremptory deadlines do not run from the application to the mediator until the date the final report is drawn up. The provisions on eviction through enforcement proceedings without a court judgment (ilamsız icra) remain unaffected.
Keeping track of deadlines
In eviction cases, being in the right is not enough on its own; deadlines of one month, three months or six months, depending on the ground, must be observed. Contract dates, notifications and notices should be entered into a calendar from the outset. For an assessment of your tenancy dispute, you can contact us.
